Federalist No. 49

Federalist No. 49 really surprised me. The topic is keeping the proper balance of powers in check through the use of constitutional conventions when the balance of powers were out of bounds. I expected a favorable opinion from the paper. In theory I agree except that I keep thinking that the same people who were part of the problem were also the most likely to be sent to the convention to correct the problem. Just look at 90% of incumbents  winning reelection at the same time as Congress has a 9% approval rating.

Interestingly the paper cites this very reason as cause to be wary of placing too much trust in such a  mechanism to correct encroachments in the balance of power. That leaves me wondering – how do we fix our current impalance of power?

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Hillarycare and the Media

This post is not intended to mock or even evaluate the positions espoused by Hillary Clinton now or in the past. I chose the title to be short and to grab attention. The purpose of this post is to summarize and evaluate how the news media covered the issue of health care reform during the presidency of Bill Clinton. I think that the fact that the proposal is now known as Hillarycare is as telling about the media coverage as anything else I will say here.

James Fallows calls the health care debate of the mid 1990’s “The Press’s Vietnam War.” The image being that there could be no winners in the debate, only combatants. I will follow the format of his coverage – as a seven act drama – to show how the media coverage of the day served to hinder the average citizen from ever getting a clear view of what what being discussed and what might be best for the country.

Emerging Issue

Health Care as a political issue began to be noticed during the Democratic primary. Rather than evaluate the proposals by Bill Clinton and Robert Kerrey (the candidates most closely tied to that issue) the media coverage focused on how the differences in their proposals (whether to try a single-payer approach or not) would play in the primary race. People could gain no understanding of the issue from the coverage, all they could learn (if anything) was the potential political fallout. Once Kerrey dropped out the coverage ended because there was no political confrontation involved anymore.

Crafting the Bill

The Clinton team had been studying the issue of health care reform long before the presidential election and when Bill became president they intended to hit the ground running – and they did. In doing so the press later complained that they were operating in the dark because they spent their time communicating with congressional leaders etc. rather than running their work past the press for public vetting of their ideas.

Scandal Reigns

When the plan was first unveiled the uniform reaction was positive but positive does not make for exciting press coverage. Fate stepped in to make the lives of reportes more exciting. Just when President Clinton was starting a tour to promote the Health Care Bill a crisis erupted in Somalia which diverted his attention and gave the press more exciting things to cover. At the same time this provided an opportunity for opponents of the bill (notably the insurance industry) to stage a counter-attack. By the time the news coverage focused on health care again the president was plagued with more energized opposition and a number of scandals.

Fear-Mongering

I was excited to read about the work of  Robert Pear who carefully delved into issues and provided in depth reporting. What interested me however was the effect of his work. Neither Mr. Pear, nor anyone else in journalism took the time to consider the whole health care proposal. Mr. Pear focused on one item, one leak at a time and evaluated it. Each time he would show who stood to lose over that particular aspect of the plan. The result was something like the reverse of Hitler’s ethnic cleansing in Germany – instead of one ruling group peeling off layers of “undesirable” elements of society each aspect of the plan reported by Pear drew the attention of a small group who stood to lose on that particular facet of the bill. As the groups combined, each focused on their pet issue, they grew to the point that they stopped the final bill. It may be that none of them realized or considered the potential positive effects of the whole bill.

Focus on Conflict

Kathleen Hall Jamieson, the dean of the Annenberg School for Communication relates an interesting experience of attending a presentation by Hillary Clinton on the health care reform bill.

She went into the substance of the plan, and took on virtually every argument that had been raised against it. . . When she was talking about her plan, the reporters had clearly heard all of this before and found it completely uninteresting. They talked to each other passing notes around.

But as soon as she made a brief attack on the Republicans, there was a physiological reaction, this surge of adrenaline, all around me. The pens moved. The reporters arched forward. They wrote everything down rapidly. As soon as this part was over, they clearly weren’t paying attention anymore. They were writing on their laptops as they began constructing the story of how the First Lady had attacked her opponents.

(emphasis added)

The press would always prefer to talk about alternate bills and problems with the current idea than actually talk about the whole issue and have people work towards a solution. Solutions make for a day of coverage while problems can be exploited day after day.

Misinformation

Eventually there was someone who read the whole bill and attempted to put it into perspective. Her name was Elizabeth McCaughey (pronounced “McCoy”). When she did so, whether she intended to or not, she included some crucial pieces of misinformation that made the bill sound draconian. The difference between her evaluation of the bill and the actual text of the bill is similar to the difference between what the people behind fightfoca.com say about the Freedom of Choice Act (FOCA) and what the actual bill says. (I discussed this difference last week.) No journalist ever explored the accuracy of her statements.

Out of Sight, Out of Mind

When the health care bill died the news coverage of the health care issue died as well until about 2006 when it was again a central issue for a presidential campaign season. During all that time the issue of affordable heath care has been at least as important as it was when it first started garnering media attention during the Democratic primaries for 1992.

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Federalist Nos. 47 – 48

I had never really considered the interplay between the concept of separation of powers and the concept of checks and balances between branches of government. Here Madison explores the limits on the separation of powers (Federalist No. 47) and the necessity of robust checks and balances (Federalist No. 48). Having read these papers I have a greater respect for the delicate balance that the founders were attempting to strike.

Madison also provides some input into the perspective of the people of his time as he discusses their propensity to fear the power of the Executive branch over the power of the Legislative branch. He argues that the unchecked legislature was as dangerous (and more likely in the government of the United States) as an absolute monarch:

In a government where numerous and extensive prerogatives are placed in the hands of an hereditary monarch, the executive department is very justly regarded as the source of danger, and watched with all the jealousy which a zeal for liberty ought to inspire. In a democracy, where a multitude of people exercise in person the legislative functions, and are continually exposed, by their incapacity for regular deliberation and concerted measures, to the ambitious intrigues of their executive magistrates, tyranny may well be apprehended, on some favorable emergency, to start up in the same quarter. But in a representative republic, where the executive magistracy is carefully limited; both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions, by means which reason prescribes; it is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions.

Given our current experience it might be very easy for us to think that he was wrong and that the people were right to have more fear of their executive branch than of their legislative branch. We would do well to remember that the recent and pervasive abuses of the executive branch, and the expansion of power within that branch were facilitated by a Congress that was complicit at worst and neglectful of their own duties at best. While it is certainly time to curtail the authority of the executive branch we should be mindful that these abuses were less a failing of the Constitution than they were a failure on the part of our other elected representatives. In fact, Madison discuses a similar situation in the government of Pennsylvania:

It appears, also, that the executive department had not been innocent of frequent breaches of the constitution. There are three observations, however, which ought to be made on this head: FIRST, a great proportion of the instances were either immediately produced by the necessities of the war, or recommended by Congress or the commander-in-chief; SECONDLY, in most of the other instances, they conformed either to the declared or the known sentiments of the legislative department; THIRDLY, the executive department of Pennsylvania is distinguished from that of the other States by the number of members composing it. In this respect, it has as much affinity to a legislative assembly as to an executive council. And being at once exempt from the restraint of an individual responsibility for the acts of the body, and deriving confidence from mutual example and joint influence, unauthorized measures would, of course, be more freely hazarded, than where the executive department is administered by a single hand

The executive branch of Pennsylvania at that time was composed of a thirteen-member Supreme Executive Council.

It’s time for our Congress to stand up and do their job of checking the executive branch. Once they do that they should follow it up by mandating that the president reduce the footprint of the federal government by shrinking or eliminating government agencies or departments that are not essential to providing the services that are appropriate to the federal government.

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Score One for Buttars

I was surprised this morning to see an article that showed Senator Buttars in a positive light.

Eric Ethington and Elaine Ball, founders of the grass-roots, service-oriented Pride in Your Community, stopped Republican Sen. Chris Buttars in his driveway on Saturday morning to share some home-baked bread and conversation.

Buttars invited Ball, Ethington and two other gay activists inside his home for what turned into an hourlong chat about Equality Utah’s Common Ground Initiative, a collection of Democratic-backed bills that would provide some legal protections to lesbian, gay, bisexual and transgender (LGBT) Utahns.

"I don’t think we were expecting such a warm welcome," Ball said. "It was nice to be invited in."

The bread-and-Buttars discussion chipped away some stereotypes on both sides.

"That group has been hostile to me for many years," Buttars said Tuesday. "They said, ‘Hi,’ and it was easy to recognize they weren’t there to argue or to condemn me. They were there to talk."

I’m sure the senator is very happy to see an article that does not cast him in a bad light.

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Inauguration Day

After reading/hearing news coverage of today’s activities I have come to a couple of conclusions. First, I have made a goal to attend a presidential inauguration – not just the parade, but the actual swearing-in ceremony with the inaugural address. I will not be picky about what president it is because for me it will be a celebration of the office and the government of this great nation. Second, I’m sick of the news coverage. The inauguration is certainly newsworthy but aside from some brief description of the crowds, the weather, and possibly some background about previous inaugurations the only coverage that the media can really offer of any value is the text of the inaugural address. (Here’s the official copy.) Besides that nothing that is planned is particularly newsworthy out of these events.

The fact is that this very important celebration is not made more real or valuable to me by all the extra commentary (beyond what I listed above). If the media wants to cover it all day that’s fine, just roll the cameras and stream the audio but get the talking heads off the screen – they have nothing to add.

So, congratulations to President Obama. I hope he enjoys this day and then gets right to work preserving, protecting, and defending the Constitution. And if I’m very lucky I could attend an inauguration as early as 2013.

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24 Hour News

James Fallows talks about what he calls the tyranny of technology – the way technology has changed news from having a daily news cycle, where organizations could take time to react and respond to news, to continuous coverage news where the responses and reactions must be nearly pre-planned. The tyranny here, as I interpret it, is that we have lowered the bar for what passes as news and increased the likelyhood of having the wool pulled over the eyes of society through a barrage of information that is no longer meaningful.

What do others think? Has 24-hour instant coverage news improved our access to useful information? Were there benefits to the daily news cycle that we have lost?

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I Call Theme

A link posted on KVNU’s For The People blog leading to this this WSJ article fired off my pattern recognition neurons. From the article:

Whatever the cause, it is a dangerous beginning. Mr. Obama can currently afford to do some accommodating. But if he gets a reputation for getting rolled by the unruly mob, his agenda is kaput.

The article looks amazingly similar to coverage discussed in Breaking the News related to Clinton’s presidency as he took office. Here Obama has not even been inaugurated and the news is already telling us that his presidency is off to a bad start. Come to think of it, they said the same thing about Bush because of the “cloud over his election.”

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FOCA

My sister-in-law suggested that her generally apolitical blog was not the place to engage in a  debate on abortion. She’s probably right, but such a debate fits just fine here. In many ways the debate on abortion is settled. An absolute ban on abortion is not likely to ever be a reality in this nation and truly unrestricted access to abortion is also a very low probability. Despite heated rhetoric, the fact is that both sides are entrenched and committed to making incremental gains related tot his ever simmering topic. Camille’s post was specifically about fighting the Freedom of Choice Act (FOCA) which Obama told Planned Parenthood he would sign as his first act as President. I think we can be very confident that it will not be his first act (because the economy is his first priority now) but that is no consolation to those who oppose this bill.

As always, I like to start with the actual legislation in question whenever possible. The claim by opponents is that this would eliminate all state and local statutes against any abortion. The text of the bill states:

Congress finds the following:

. . .

(4) The Roe v. Wade decision carefully balanced the rights of women to make important reproductive decisions with the state’s interest in potential life. Under Roe v. Wade and Doe v. Bolton, a woman’s right to choose to terminate her pregnancy is absolute only prior to fetal viability, with the state permitted to ban abortion after fetal viability except when necessary to protect the life or health of a woman.

. . .

SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.

(a) STATEMENT OF POLICY- It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman.

(b) PROHIBITION OF INTERFERENCE- A government may not–

(1) deny or interfere with a woman’s right to choose–

(A) to bear a child;
(B) to terminate a pregnancy prior to viability; or
(C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman;

(emphasis added)

Sounds like the claim by the bills opponents is a bit overstated.

Those who support the bill obviously believe that this would remove some state and local restrictions on abortion that are unconstitutional. The problem here is that the Constitution has no position on the issue of abortion. The only restrictions on abortion related legislation are rooted in supreme court opinions. All those state and local regulations that push the boundaries are challenged in court. The language of this bill is so vague that it only reinforces the message that is supposedly set by existing rulings. In other words, all the laws that they expect to remove can already be challenged, and any that would be upheld still could be upheld when challenged.

What this bill really accomplishes is to place in a statute what has already been placed in precedent. Perhaps this is an admission by abortion proponents that the ruling in Roe v Wade is a  lousy ruling that amounts to an opinion not grounded in law. Anyone who has actually read Roe can see that it’s a huge logical leap from any law then existing.

My position is that FOCA is meaningless at best and reinforces the most illegal Supreme Court ruling I have ever read at worst. After having actually read the text of FOCA (it’s not very long) if you still want to sign the petition that Camille linked to, please do. I did.

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Bad Journalistic Habits

James Fallows offers a list of habits in the world of journalism that impede the ability of reporters and news organizations to offer the socially beneficial coverage that they should be publishing. Although he lists 12 habits, they can really be grouped together as follows:

Looking Where the Light Is, Being versus Doing, Measure What Can Be Measured, and Prediction Rather Than Assessment all play well with the journalism as a profit-making venture by maximizing volume for minimal costs. The downside to this is that they all have the effect of serving up less substance for consumers so that they can make educated decisions about the situations they face.

In Over Our Heads, and Amortizing Investments lead toward the aggrandizement of the reporter over the events. As reporters gain name recognition and reputation they often turn to Empowerment by Attitude to compensate for the fact that their celebrity does not translate into any actual authority.

Playing the Game, None of it Really Matters, No Conflict, No News, “The Road to the Final Four”, and Flattening of Events all work in direct contradiction to the perspective that reporting should provide. Rather than helping people to understand what is most important and how various things relate to each other, news items are treated like a flavor of the month (or moment) as if no item in the news had any objective importance. This leads to a cynical and disengaged society. Disengagement fosters breakdown. In other words, not only is this not helpful, it is actually destructive of the fabric of society.

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What Journalism Could Offer

James Fallows offers a list of benefits that the journalist has the potential to offer consumers. I would like to share his list and see if there anything he left out of the list.

Perspective – reporters and editors are forced to act as a filter when deciding what to investigate and publish out of the endless supply of things that could be investigated and published. (This is the same basic process that the Attorney General has to go through when deciding whether he should be investigating the BCS or the Payday Lending industry.)

Placement in Time – little if any of the news that journalists choose to cover comes without any preceding events. On the other hand, many of those preceding events have gone unnoticed before the newsworthy item registers in the public consciousness. This might also be called “context.”

Similarities and Differences – most news items are not singular events. News has the potential to help us understand how the current event compares to previous similar events. This would allow us to learn what we can from prior experience and also know where we are breaking new ground.

Usefulness – there is a difference between information that is interesting and information that is useful. While there is some value in merely interesting information, that which is simply interesting should not crowd out that which can actually be useful to the news consumer. (News Fluff/Flash covers this idea.)

This seems like a reasonable list of offerings for journalism to tackle as an industry. Getting it right would be a challenge, but a very worthwhile challenge. I would be very interested in supporting a news operation that consistently gave me useful coverage of the things that mattered – rather than simply a datastream about what has been happening. If that coverage offered the placement in time and information on the similarities and differences between the curent event and past events of the same type I would find such an organization indispensible. (In fact I do find such coverage to be indispensible, but I don’t find that coverage from traditional sources.)

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